HARIPADA SAMAI Vs. STATE OF WEST BENGAL
LAWS(CAL)-2008-4-128
HIGH COURT OF CALCUTTA
Decided on April 09,2008

HARIPADA SAMAI Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) The petitioner is alleging that the Pradhan of the Gram Panchyat has not taken steps, though he lodged complaint that the eighth respondent wrongfully and illegally encroached upon a pathway. Counsel is unable to say what provision obliged the Pradhan to take steps on the basis of the petitioner's complaint. He only says that as the Pradhan of the Gram Panchayat it was the duty of the Pradhan to settle the dispute. Such a duty cannot be enforced through the writ court. The dispute between the petitioner and the eighth respondent is a private one, and unless the Pradhan possessed any statutory power, he could not be invited to adjudicate it. The petitioner s remedy, if any, was only before the appropriate civil court. Counsel for the private respondent has pointed out that proceedings initiated by the petitioner under s.144 of the Code of Criminal Procedure, 1973 were subsequently withdrawn by him, once an adverse report was filed by the police. Be that as it may, I only say that there is no scope to give any relief in exercise of writ powers. For these reasons, the writ petition is dismissed. There shall be no order for costs.;


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